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Original poster

DH and eBay seller drama, help please

31 replies

Boredwithitnonstop · 20/09/2021 09:30

DH bought a pair branded of trainers on eBay for £60 plus £5 postage.
Upon close look he thinks they are not genuine as some details are well off.
He immediately contacted the seller who agreed to return.
DH opened return case as not described as he wanted all well documented with eBay.
The seller was supposed to pay for the return label but he declined.
DH was very polite as he always is when dealing with people and asked for return label, seller said shoes are real and said he has a receipt from John Lewis.
DH still did not want to keep them and explained this.
EBay decided in DH favour today however seller lost the money and the trainers- ebay told DH either to keep item or send it back but to contact seller to make arrangement.
DH wants to return the trainers but the seller does not want to pay for return label- so does my DH postage which would be £5 as not his fault. Seller now became rude and taking my DH to court.

OP posts:
Willow19C · 20/09/2021 09:56

The seller won't take your husband to court. Ignore the seller now, ebay has resolved the issue.

Needanewadventure2021 · 20/09/2021 09:57

Over so little. Let them. It will cost them more in court fees. If eBay has ruled in your DH favour then I thought the money gets taken from the seller regardless?

TakeYourFinalPosition · 20/09/2021 10:05

If he raised a case as counterfeit goods, eBay won’t ask him to send them back - there’s some quirk in the law about posting fake goods.

The seller can make their own arrangements, as they’ve said, but eBay won’t ask DH to do it.

If he wants to be fair, I’d let them know that you’ll keep them for X days so the seller can arrange a courier to collect, or send the required postage.

Otherwise, delete and ignore. They’re very unlikely to take DH to court, especially given eBay have already ruled on this, and they appear to be selling fake goods… they’d have to be a very stupid criminal to draw a courts attention to that!

Original poster
Boredwithitnonstop · 20/09/2021 10:16

Thanks all.
But the seller has a valid receipt form John Lewis with the item on it- that’s is his leg to stand for apparently.
Yes EBay said to DH he can return if he wishes too but the seller and DH should make a suitable arrangements about it, however seller refuses to pay for the return label.
DH now fears he will be taken into small claims court as apparently very well posible.
I keep telling him to just post it back to save this agro with the seller.

OP posts:
InpatientGardener · 20/09/2021 10:21

If he isnt required to post them back could he just bung them back 2nd class untracked which would be about £3.30? The seller wont take him to court but I would feel a bit uncomfortable keeping them if I'd had a full refund.

sittingonacornflake · 20/09/2021 10:29

I'd just make sure that your Dh's offer for the seller to collect the item / pay for postage is well documented. It's not unheard of for people to issue small claims proceedings against buyers on eBay, if this happens (which is unlikely but not impossible) your DH should make sure he has a copy of the eBay terms and conditions which detail ebays right to find in favour of your DH and that the seller was bound by those terms when he set up his account to sell on eBay. That plus the communications where your DH offers for the seller to collect / provide a returns label will put him in good stead.

TakeYourFinalPosition · 20/09/2021 10:38

But the seller has a valid receipt form John Lewis with the item on it- that’s is his leg to stand for apparently.

That means the buyer bought some legit shoes - it doesn't mean they were the ones sent to your DH.

And he submitted evidence that convinced eBay they were fake - that usually requires a decent amount of evidence or a report from someone familiar with the brand?

But like I said, I'd put in writing that he'll make them available for collection/posting with a pre-paid returns label until 20th Oct, and leave it with the seller.

By then, he'll likely know if he's being taken to small claims. It is possible - it's unlikely if the guy is selling counterfeit shoes, but it seems you might not believe they are counterfeit now? - and DH would then defend the claim, using the correspondence with eBay, and the proof he has that they are fake.

Original poster
Boredwithitnonstop · 20/09/2021 10:50

My DH told the seller to pay for the label and we would post immediately the very same day.
The seller said no way as per his listings it says buyer pays the return postage.
However that would be the case if DH simply would not want the shoes as changed mind etc.
He opened Not as described case so in this case the seller should send the label.
EBay confirmed that they warned him if he won’t pay for the label, he is very likely to lose both.
However the seller still kept refusing.
In the end it was eBay who closed the case in DHs favour- we were also surprised- we only were expecting the the return label to be forced on , not the full refund and the item.
DH would never keep the item anyway but he feels it’s unfair he needs to pay £5 for nothing really.

OP posts:
Original poster
Boredwithitnonstop · 20/09/2021 10:51

He would send it fully Signed for so has a proof he sent it.

OP posts:
TakeYourFinalPosition · 20/09/2021 10:53

Just to be clear…

Do you & DH still believe the trainers are counterfeit?

Brollywasntneededafterall · 20/09/2021 10:54

Just keep the shoes and all communications... I sent some dodgy Converse back. Seller refused to collect them from the parcel office his end. I had proof I sent them. I ignored his threats and nothing came of it.

Willow19C · 20/09/2021 10:56

This is a non issue really.
The trainers are fake, eBay has ruled in your favour.
Why would the seller take your husband to court when he is in possession of the proof - fake goods? The seller would have to be an idiot.
Your husband should just ignore the messages, the seller will either pay for return postage or go away.

Gorl · 20/09/2021 11:10

If the seller did take your husband to court, the fact that your husband can show he was prepared to return them in accordance with EBay’s policy will provide him with a defence.

It will, however, cost you more than a fiver. You’ll have to pay court fees upfront, and while you’re entitled to these from the seller if you win, there are often issues with getting payment from dodgy characters. It will also be an enormous amount of hassle.

That said, I think it’s quite unlikely that the seller would actually pursue a claim (for the same reasons - much more expensive and inconvenient than just paying £5).

Ultimately it just depends on how stubborn your husband is. If the principle of the thing really matters to him, he should stick to his guns. If he considers £5 a reasonable price to pay to save the hassle of dealing with this idiot, he should send the shoes back.

NoSquirrels · 20/09/2021 11:13

Ultimately it just depends on how stubborn your husband is. If the principle of the thing really matters to him, he should stick to his guns. If he considers £5 a reasonable price to pay to save the hassle of dealing with this idiot, he should send the shoes back.

This. I wouldn’t worry about small claims, they’re really not going to go to the bother.

Original poster
Boredwithitnonstop · 20/09/2021 11:13

@TakeYourFinalPosition definitely.
They were a difference.

OP posts:
Boombadoom · 20/09/2021 11:14

Just keep the shoes and the documentation.

DH reply to say ‘eBay states i don’t have to return them, I would like to but I am not going to pay for it, so either arrange them payment for return postage or don’t, but I am not paying to return them when they are not genuine and eBay has ruled in my favour. I will give you until Friday to decide and then I will bin them’.

Original poster
Boredwithitnonstop · 20/09/2021 11:18

So me to save the agro I just packed them up and going to Postoffice to send them.
No worth a shitty moods for this, bad vibes and all.
We would never keep them anyway, would drop them to charity shop.

OP posts:
WindyRose · 20/09/2021 11:35

OP...don't bother, the seller will not admit to receiving them so you won't be any further ahead...or they could refuse to accept delivery and you might have to pay return postage back to you again.

A few months before Covid (2020) I bought a household item on eBay that cost 3 x times the cost of the trainers, it was supposed to heat and cool but the model that was sent was cool only, so like your DH, I opened a dispute due it being a higher cost item and as I wanted everything recorded on eBay.

Seller tried to tell me I 'bought the wrong item' but in the listing I purchased it said 'hot and cold' and the photos showed the 'hot and cold' model. The case was settled in my favour and, like you, I didn't expect to keep the item once I had a refund...but...the seller just ignored all attempts to pay for return postage and as it was heavy I wasn't prepared to pay postage so I phoned eBay and was told 'to keep the item as the seller MUST pay return postage because they made the mistake, not me.' The eBay guy also told me 'sell it on Gumtree if you don't want or need it and pocket the money.'

I waited 10 months in case the seller changed their mind but still nothing, so it went to a family who had hit a rough patch.

So tell your DH, he won't be taken to court...that's just their reaction rather than admit they made a mistake. Crazy I know but it happens. If he pays return postage, he gets further involved and goes against eBay policy.

Hope this helps?

Ashitaka · 20/09/2021 11:52

don't bother - the seller will resell them, and then someone else will have to go through this

LizaB2685 · 20/09/2021 12:55

I can’t believe you are getting told to forget about it!

If you think they are fake you need your money back! Did you pay by PayPal? You can raise a dispute and them, give all the details and that they won’t give you a return label so you can’t return it and they will take the money from the seller. You’ve got enough evidence and reason. Do not let them get away with it!

flowerlass · 20/09/2021 14:32

What do these trainers sell for in the shops?

Willow19C · 20/09/2021 14:46

@LizaB2685

I can’t believe you are getting told to forget about it!

If you think they are fake you need your money back! Did you pay by PayPal? You can raise a dispute and them, give all the details and that they won’t give you a return label so you can’t return it and they will take the money from the seller. You’ve got enough evidence and reason. Do not let them get away with it!

Did you read the post at all?
Original poster
Boredwithitnonstop · 20/09/2021 19:11

I posted it back. Mainly as DH was unhappy with the court threat, plus he got a full refund so yes, the shoes were not his to keep.
We believed they were fake or at least looked not right.

We had this before with football shirts last year!
In 5 shirts DH bought,4 were badly faked. Luckily he had no issues to return them as the sellers all knew and admited it was fake..

I’m thinking should DH contact the seller about that he posted it back or just leave it? It is fully tracked.

OP posts:
titchy · 20/09/2021 19:21

It will, however, cost you more than a fiver. You’ll have to pay court fees upfront, and while you’re entitled to these from the seller if you win, there are often issues with getting payment from dodgy characters. It will also be an enormous amount of hassle

Hmm OP won't have to pay court costs. The cost for the small claims court is paid for by the person taking her dh to court. If they win they could add the cost to the claim, but they're not likely to win.

saleorbouy · 22/09/2021 11:45

Take him to court under what pretext? Your DH has Internet purchase regs on his side and also PayPal and Ebay.
Contact the seller and tell them you are willing to return the footwear and it is all boxed ready to send, get the return postage costs and state that you will dispatch on receipt of this amount.
Copy the correspondence to the Ebay case team and wait to see how it escalates.
It's highly unlikely that a lawyer will even look at a case to recover the cost of a pair of trainers!